The proposed legislation is known as the Pint Bill and it applies to breweries that are serving samples of their beers. Under current South Carolina law, breweries are only allowed to offer each patron one four-ounce sample per day in connection with a brewery tour.
]]> When the Pint Bill originally hit the House of Representatives, it was suggested that these breweries be allowed to serve each patron 64 ounces per day, which is the equivalent of four pints. The Senate amended this amount to 48 ounces, the equivalent of three pints.The bill has met some opposition. Specifically, the passage of this bill is being held up by one Greenville Senator who is siding with Mothers Against Drunk Driving and their concerns. The Senator and MADD are working with the appropriate parties to come to a compromise that is agreeable to both sides.
Advocates for the bill, which obviously includes breweries in the state, say that the crowd that is drawn in to consume craft beers are not a binge drinking crowd and their goal is not to get drunk and then drive themselves home. The breweries have agreed that there should be training for servers in their establishments so they can see the signs when an individual has been over-served.
No matter what the outcome of this legislation, residents of South Carolina are able to obtain large amounts of alcohol at bars if it is not at a brewery. It is important for these residents to understand that the potential consequences for being charged with a crime for drunk driving can be very severe.
When someone is facing DUI charges, it is often helpful to seek the assistance of an experienced DUI defense attorney who can take the necessary steps to ensure the defendant receives the most beneficial outcome possible.
Source: GreenvilleOnline.com, "'Pint bill' held up in S.C. legislature by Greenville senator," May 6, 2013
]]>In some situations, a routine traffic stop can take a turn for the worse if a police officer believes that there is an aroma of alcohol coming from the vehicle. This is exactly what happened to the cast member who was most recently charged with driving under the influence of alcohol.
]]> The 21-year-old girl was pulled over for allegedly driving 62 miles per hour in a 45 mile per hour zone. After pulling the vehicle over, the police officer approached the car to question the driver. At that point, the officer allegedly smelled alcohol coming from the vehicle and saw an open container of rum sticking out from under the driver's seat.The girl was arrested and taken to Myrtle Beach jail where a Breathalyzer test was administered. The test came back with a BAC of .15. The good news in this case is that the girl will not have to deal with the more severe consequences of a high breath test. A BAC is considered high when the driver's BAC is higher than .15.
Although, she is lucky she did not have a high breath test, the consequences are still potentially severe and, when someone faces DUI charges, it is always helpful for them to have an experienced DUI defense advocate on their side. The penalties associated with a drunk driving conviction may include a license suspension, monetary fines, jail time or more. A rigorous defense will try to mitigate these consequences and the impact they have on the life of the accused.
Source: The State, "Second 'Myrtle Manor' cast member faces DUI charge," Maya T. Prabhu, April 28, 2013
]]>The proposed legislation is known as Bill S.137. The bill proposes the installation of an ignition interlock device in the vehicle of anyone who blows higher than a .12 upon being pulled over. Anyone who refuses to take a breathalyzer test during field sobriety testing could also be eligible for this penalty.
]]> Currently under South Carolina law, the installation of an ignition interlock device is required for repeat offenders. However, it is not a requirement for first-time offenders no matter what their blood alcohol content. If this bill is passed into legislation, drivers facing DUI charges will no longer have to deal with license suspension, although they will have to contend with the embarrassment, cost, and overall hassle of the interlock device.Advocacy groups such as Mothers Against Drunk Driving and the National Highway Traffic Safety Administration are in support of the passage of this legislation. The bill has also met some opposition, though. The most common opposing argument is that the consequences are too harsh for a first time offender.
If approved, this legislation can have a significant impact on a defendant. Being charged with a crime affects the accused individual's reputation and livelihood, of course. Still, an ignition interlock could make this negative impact even worse due to its financial impact. Along with installation fees, an ignition interlock costs about $70 per month to maintain. That bill would have to be paid by the convicted drunk driver.
The proposal is still being developed by South Carolina lawmakers, but motorists throughout the state will want to keep their eyes and ears open for any developments in this potentially controversial legislation.
Source: Fox Carolina, "Bill would require breathalyzers in convicted DUI driver's cars," Jennifer Phillips, April 30, 2013
]]>The man was initially charged with felony DUI in January, after his involvement in a car accident that resulted in a tragic fatality. According to bystanders, the man appeared to get out of his truck after the collision and throw a six pack of beer over the side of the guard rail. However, the man's charges were eventually changed from felony DUI to reckless homicide. He was also released on bond.
]]> Unfortunately, his bond was revoked when he was pulled over for allegedly driving while intoxicated in another state. Several individuals had complained to authorities about a truck swerving in and out of lanes of traffic. When the man was pulled over, he reportedly had a blood alcohol content of .222 and rejected a second opportunity to take a breathalyzer test.Situations such as this one, where the defendant has multiple offenses, can make a felony DUI case much more difficult to defend. Therefore, it is important that individuals who find themselves in these types of situations seek the assistance of a DUI defense attorney.
There are DUI defense attorneys in South Carolina that have proven the results of blood alcohol testing to be false or inaccurate, greatly assisting their clients in the process. Experienced, local attorneys can also negotiate on their clients' behalf, either reducing the charges, obtaining a less severe punishment for the defendant, or both.
Source: ABC News Charleston, "Truck driver's bond revoked in Charleston after GA DUI arrest," April 26, 2013
]]>Before South Carolina became a free-pour state, bartenders in the state were required to pour drinks out of the mini bottles that are often associated with traveling by airplane. This was a state requirement for 22 years. However, for approximately seven years now, bartenders have been able to pour from regular-sized liquor bottles.
]]> Although the state's liquor sales have risen since the passage of this legislation in 2006, some of the other expected benefits have not come to fruition. It was thought that there would be a decrease in drunk driving and an increase in funding for alcohol treatment coming from the liquor tax. Neither of these expectations has materialized in the past seven years.The state is likely trying to decrease the occurrence of drunk driving not only because it endangers its citizens, but also because being charged with a crime, or convicted of one, comes with serious penalties. No one wants to face penalties like these and the state is doing what it can to help prevent this occurrence for its residents.
DUI offenses are often harmful to the accused driver's reputation no matter whether they are convicted. However, convictions come with even more severe penalties. In South Carolina, a DUI conviction usually means an automatic license suspension. Depending upon the defendant's history of drunk driving, this suspension can quickly turn into a revocation.
It is always important for those facing drunk driving charges to take the situation very seriously. A good step after initially being charged is to contact an experienced DUI defense attorney in South Carolina. He or she will help the defendant through this rough time and negotiate as beneficial an outcome as possible.
Source: The Republic, "Report: SC's switch from minibottles hasn't reduced drunken driving, increased treatment funds," April 21, 2013
]]>A recent situation in South Carolina involved both a high breath test and a profession that made the situation even more unfortunate for the alleged drunk driver. A police officer who was employed with the North Charleston Police Department was charged with DUI after she wrecked her police cruiser. In addition, the officer allegedly blew a .17 BAC, which is more than twice the legal limit. In South Carolina, a breath test is considered high when the driver's blood alcohol content is higher than .15.
]]> According to police reports, the police officer lost control of her vehicle at around 1:00 in the morning. Upon losing control, she ran off of the road and struck a culvert. She was not injured but was arrested and held at a detention center for a few hours before being released on a $2,265 bond. According to the police department, she has been suspended without pay and there is an investigation pending.Although the woman was not on duty at the time of the accident, she unfortunately was not behind the wheel of her personal vehicle. Although she may have received DUI charges anyway, it may have not resulted in as much stigma from society or consequences that were so professionally harmful.
The good news is that there are experienced attorneys who can be very resourceful and helpful in these types of situations. There have been numerous instances in the past where breath test errors discovered by attorneys have resulted in reduced or dismissed charges for the allegedly drunk driver. Keep in mind, as long as the person is of legal drinking age, it is only illegal to drive with a BAC over the .08 legal limit. If an attorney is able to prove the high breath test was in error, it could result in a beneficial outcome for the defendant.
Source: WBTW News 13, "UPDATE: SC police officer on leave after DUI crash in patrol car, cops say," April 23, 2013
]]>Some illegal behavior dealing with alcohol includes drinking while driving, underage drinking and when a driver refuses to take a breath test. Unfortunately, a South Carolina driver was accused of allegedly committing all of these crimes in one evening.
]]> A 20-year-old South Carolina girl was driving down Shem Creek Bridge in Mount Pleasant, South Carolina shortly before 2:00 AM on a Sunday morning. It was then when she allegedly struck a palm tree along the median of the road, lost control of her vehicle and hit the bridge railing. According to authorities that responded to the scene of the accident, the driver's side tire of the SUV was hanging off the side of the bridge and swaying back and forth.Upon arriving at the scene of the accident, the driver allegedly told authorities that she had lost control of her vehicle and that she'd consumed one beer before getting behind the wheel of her vehicle. She refused to take a field sobriety test and also was accused of refusing a Breathalyzer at the police station.
According to South Carolina implied consent laws, any driver who refuses to take a breath test may be subject to an immediate license suspension or revocation for at least 60 days but possibly longer. In situations like this, the driver accused of violating the law may feel like all odds are against them. However, seeking the assistance of a South Carolina drunk driving defense attorney can make the situation seem more hopeful. An attorney may be able to obtain a lesser charge or, in some cases, have the charges dropped altogether.
Source: ABC News 4, "Police: Drunken underage driver plows into Shem Creek Bridge," April 15, 2013
]]>The driver was leaving a parking garage around 11:00 p.m. on a Sunday evening when he hit the pay booth and two other vehicles. The driver also allegedly broke the parking garage exit arm before losing control of his vehicle and hitting a tree. The man stopped his car at a parking lot approximately two blocks away. Police proceeded to arrest him. He was charged with driving under the influence, as well as other traffic violations.
]]> A defendant should not underestimate DUI charges. Thepotential consequences can be severe and convictions are often accompanied by steep penalties. In South Carolina, a driver who is convicted of drunk driving may face an automatic suspension of their driver's license. The length of time for which a license may be suspended depends upon the driver's history of drunk driving convictions, if any. The period of time may range from six months to, in some cases, a permanent revocation.In addition to a driver's license suspension, a drunk driving charge may mean the loss of a commercial driver's license or put other professional licenses, such as a license to practice medicine or law, at risk. These situations can unfortunately place a lot of stress and burden on the shoulders of the accused who fear losing their ability to work and earn an income. However, there are drunk driving defense attorneys that are willing to ease some of that burden. An experienced attorney can fight and negotiate on behalf of the defendant and, in many cases, obtain a lesser charge or less severe penalty.
Source: WBTV, "Police: SC Drunk driver runs into parked cars," April 8, 2013
]]>According to troopers working for the Columbia police force, they came upon a car that was stopped at a traffic light around 2:00 a.m. on a Sunday morning. When they approached the vehicle, they found a member of the police force asleep behind the wheel. The officers contacted the Highway Patrol and, after an investigation into the incident, the man was arrested and charged with DUI.
]]> The officer was in his personal vehicle and was not on duty at the time of the incident. However, he has still been suspended from his job without pay.A case like this can be difficult legally, emotionally, professionally and financially for the accused. However, criminal defense options are available. The first step in a DUI defense is to try to prevent the automatic suspension of the driver's license. In South Carolina, a first offense DUI charge is a six month suspension, a second offense one year, a third offense two years and a fourth offense means a permanent license revocation.
In addition to these suspensions and revocations the potential consequences can also include monetary fines and jail time. It is important for those that are accused to take such charges very seriously and take immediate action to defend their position and obtain the best possible outcome that has as little impact on their life as possible.
Source: WBTW News 13, "SC policeman falls asleep at stoplight, is charged with DUI, Troopers say," April 8, 2013
]]>A resident of Columbia, South Carolina has been charged with felony DUI after the car she was driving struck a pedestrian and caused the individual to suffer fatal injuries as a result of the accident. According to police reports, the 26-year-old man was walking in a painted median when he was struck by the 53-year-old woman's vehicle. The accident occurred a little before 10:00 p.m. on a Saturday night.
]]> The pedestrian was transported to a hospital for treatment of his injuries. However, medical professionals were not able to save him and he passed away early the next morning..Facing a DUI charge is always a difficult matter personally and legally. However, facing a felony DUI charge is even more serious and can be very difficult to defend. Due to the increased severity and serious penalties associated with a felony DUI charge defendants should make sure they understand the charges against them and the possible defenses available. In addition, those facing felony DUI charges should make sure that all of their constitutional rights were upheld during the criminal proceedings. If defendants' rights are violated, some evidence may be excluded from court.
Source: The State, "Columbia woman faces felony DUI after pedestrian's death," April 8, 2013
]]>The lawmaker was pulled over as he was driving following a college football game. He allegedly performed and failed three field sobriety tests. While there is no report that law enforcement obtained a breath test or tried to measure his blood alcohol content, the lawmaker nonetheless was taken to the local county jail on suspicion of DUI.
]]> In a recent statement, the lawmaker again apologized for his actions and for setting a bad example. However, he did not go so far as to admit to driving while intoxicated. While police maintained that he admitted drinking at the football game, the lawmaker explained that he was simply too tired to be on the road.The lawmaker has a valid point in that field sobriety tests, absent other evidence, cannot determine whether someone has had too many drinks to drive safely. Motorists can perform poorly on field sobriety tests for any number of reasons, such as a medical condition or even because of their shoes. Sleepiness may also adversely impact a person's ability to pass a field sobriety test.
Therefore, while at times it is possible for prosecutors to charge a person with DUI without obtaining a certified blood or breath test, such cases are much more difficult for the state to prove.
Although the legislator had to serve a license suspension while his case was pending, the court reinstated his driving privileges two months ago. The lawmaker indicated he was looking forward to continuing his official duties.
Source: WISTV "Bakari Sellers says he's been cleared of DUI charges," Jeremy Turnage, April 5, 2013
]]>One state patrolman alone made 109 arrests on suspicion of DUI in 2012, which is almost as many as those made by the entire staff of an award-winning sheriff's department.
]]> Besides the awards, in a part of the celebration called the "DUI Challenge", eligible police forces could enter to win a new police cruiser.In a speech during the ceremony, the SCDPS director credited a statewide law enforcement crackdown on DUI to making the highways of South Carolina safer, claiming that South Carolina used to have the highest number of "DUI related impaired drivers" in the country. According to the director, such is no longer the case.
While the director's statistics may be correct, many factors could contribute to those figures. For one, it is difficult to know with certainty how many people are actually on the roads of South Carolina while being too drunk to drive. If no one catches these drivers in the act, then it is hard know whether they were in fact legally drunk. Moreover, education efforts and media campaigns may have just as much of an impact on drunk driving as a high volume of arrests.
On a broader note, while one would expect police officers to their job, having awards based on how many people an officer arrests for DUI might send the wrong message. It gives an incentive to the police to move forward with DUI charges even when the evidence in support of them is weak. It gives the public the message that anyone who is arrested for DUI and then charged with a crime because of that arrest must have done something wrong.
Such as not the case; not all DUI arrests lead to convictions, and not all DUI arrests in fact should lead to convictions. When someone has been arrested for a DUI, they may stand wrongfully accused and will need a vigorous defense to protect their rights.
Source: MidlandsConnect.com, "Law enforcement officers honored for most DUI arrests," Ivory Hecker, April 3, 2013
]]>People that find themselves in this situation may feel discouraged and helpless. They may believe there is nothing that can be done to dig themselves out of trouble. However, that is not necessarily the case. There are experienced drunk driving defense attorneys who defend difficult cases but it is important to note that these complicated cases are not always quick decisions. For example, a South Carolina man is still awaiting his trial on felony DUI charges that resulted from an accident in May of 2011.
]]> According to allegations made in the civil lawsuit, the South Carolina man caused the death of a 24-year-old after the man had been drinking at a nearby bar. When police arrested the man, he had a BAC level of .20.Under South Carolina law, a high breath test is anything that is over .15. When a driver blows over a .15, he or she is subject to an automatic revocation of their driver's license for at least 60 days but possibly for longer.
These types of cases are challenging but there are defenses available for a high breath test. For example, there are experienced drunk driving attorneys in South Carolina that have had their clients' charges reduced or dismissed due to breath test errors. The laws are in place for good reason, to keep the roadways and citizens safe and deter drunk driving but it is important to uphold the rights of a driver charged with DUI as well and breath tests and the results must be accurate. When an attorney is educated on the inner workings of a Breathalyzer or a DataMaster and how they operate, it is possible for them to prove that the test results were inaccurate.
Proving a breath test error, an error in the traffic stop procedure or an inappropriate search and seizure can lead to a much better outcome for the defendant than was initially expected.
Source: UPI.com, "Coach's estate settles in DUI case," March 25, 2013
]]>Most people likely hear about a felony DUI when someone's decision to drive while intoxicated results in an accident that fatally injures another person. But an accident can result in felony DUI charges even when the collision does not kill anyone. A South Carolina man is currently facing two felony DUI charges in connection with an accident that killed one woman.
]]> The 30-year-old man was driving a vehicle with three passengers; a 29-year-old woman and two children. Around 9:15 AM on a Sunday morning, the vehicle collided with a tree. The 29-year-old woman was rushed to a nearby hospital where she was later pronounced dead. The two children were also taken to the hospital for medical treatment.This situation is very tragic for everyone involved, including the driver, and it should be handled carefully out of respect for the victim's family and friends. At first glance it may seem like a difficult case to defend, but there are experienced drunk driving defense attorneys in South Carolina that are willing to take on challenging felony DUI cases in order to ensure that the rights of the accused are not undermined.
A conviction for felony DUI can mean serious penalties for the defendant. Therefore, a defense attorney will take the necessary steps to ensure the accused is receiving the defense to which they are entitled. A defense attorney will investigate and analyze the facts in a very detailed manner, review any search and seizures to ensure authorities adhered to the required legal process and study the prosecution's claim in depth.
Certain strategies can lead to a complete dismissal of charges for the accused. However, if that is not possible, the defense may still be able to have the charges reduced to a misdemeanor, seek an acquittal or obtain a reduction in penalties.
Source: North Charleston Patch, "Victim of Weekend DUI Crash Identified as North Charleston Woman," Jonathan Allen, March 12, 2013
]]>Although South Carolina's teenagers may not understand the implications of drunk driving charges, local authorities are doing their best to help these young children understand how drinking and driving can impact their lives and the lives of others legally, emotionally and physically. They are doing this with a program known as the DUI Rodeo.
]]> Most recently, the traveling DUI lesson made a stop at Goose Creek High School. Students were given the opportunity to put on a pair of drunk goggles and participate in a drunk driving simulation. One teenager said it was more difficult than she would have imagined and the simulation effectively scared her and the thought of killing others or herself made her nauseous.The goal of the traveling simulation is to show school-aged children the potentially deadly impact of distracted driving or driving under the influence of alcohol. In addition, authorities are hoping to reduce the occurrences of underage drinking.
Although programs like this can be very effective, people of all ages make mistakes and a teenager in particular stands to lose a great deal when charged with a crime. There are numerous potential consequences that can accompany these charges and they may include a jail sentence or fines. In addition, South Carolina law allows for the automatic suspension of a driver's license even after the first drunk driving offense.
Fortunately, there are DUI defense attorneys in South Carolina that are experienced in these types of cases. They will advocate for the defendant while seeking the most reasonable outcome possible for the accused. A rigorous defense will also help the alleged drunk driver stand up to police and prosecutors who will often times try to intimidate information out of the defendant.
Source: Live 5 News, "DUI Rodeo: High schoolers learn the dangers of drunk driving," Carolyn Farr Smith, March 14, 2013
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